Section 38 in Goa Clinical Establishments (Registration and Regulation) Act, 2019
38. Penalty.
(1)Whoever carries on a clinical establishment without registration and in contravention of section 8 shall be punishable with summary closure of the facility and fine which may extend to, fifty thousand rupees for first contravention, two lakhs rupees for second contravention and five lakhs rupees for any subsequent contravention.(2)Whoever carries on a clinical establishment or appoints any person therein or carries on a clinical practice, without the required medical qualifications shall be punishable with fine of Rupees one lakh and the registration of such clinical establishment shall be cancelled.(3)Whoever knowingly serves in a clinical establishment which is not duly registered under this Act, shall be punishable with fine which may extend to twenty-five thousand rupees.(4)where a doctor or para-medical staff or other employee of the Government or public sector undertaking is found working in any private clinical establishment, the registration of such private clinical establishment shall be cancelled by following the procedure laid down under section 29 and such doctor or para-medical staff or employee shall be liable for the departmental disciplinary action under the relevant rules for the time being in force, and also punishable with fine which may extend to twenty-five thousand rupees for first contravention and two lakhs rupees for every subsequent contravention.Provided that no such fine shall be imposed nor such departmental disciplinary action shall be initiated where the services of such doctor or para-medical staff or employee have been utilized in an emergency case, without payment of any remuneration to him and he immediately informs his employer in writing about the services rendered by him and the nature of the emergency case.(5)Whoever contravenes any provision of this Act shall, if no specific penalty is provided, be punishable with fine which may extend to, ten thousand rupees, for first contravention, fifty thousand rupees for second contravention and five lakhs rupees for any subsequent contravention.(6)Before imposing fine under sub-sections (1), (2), (3), (4) and (5), the authority shall hold an inquiry in the prescribed manner by giving to the person concerned a reasonable opportunity of being heard.(7)While holding an inquiry the authority shall have power to summon and enforce the attendance of any person acquainted with the facts and circumstances of the case to give evidence or to produce any document which in the opinion of the authority, may be useful for or relevant to the subject matter of the inquiry and if, on such inquiry, it is satisfied that the person has committed the acts contravened as specified in sub-sections (1), (2), (3), (4) or (5), it may, by order, impose the fine specified in those sub-sections to be deposited within thirty days of the order in such account as the Government may by order specify in this behalf.(8)While determining the quantum of fine, as specified in sub-section (5), the authority shall take into account the financial position of the person, category, size and type of the clinical establishment and local conditions of the area in which clinical establishment is situated.(9)Any person aggrieved by the decision of the authority may prefer an appeal to the Council within a period of three months from the date of the said decision.(10)The manner of filing the appeal referred to in sub-section (9) shall be such as may be prescribed.
